An EFT? I love this board. I love how everyone on this board is magically an ATT CSR, and can now make assumptions about what people are doing. Great. You got it. Now, if only you guys could apply this sort of deduction to something productive in life, we'd have something!
Regardless of what the ToS say, you don't know if this guy is selling it for profit. Maybe he is. Who cares. That's how life is. His business should be none of your concern. He asked a question about this situation and apparently previous posters have taken the liberty to interpret the ToS.
OP, truth be told - it is in the ToS, but that hasn't stopped anyone. I'd go back somewhere or call somewhere else and see if you can get it to go through. The posters on this board complaining are hardly aware of half the crap that goes through ATT's fingers, let alone those 'flipping the iPhone for profit'. And if you really are flipping it, hell, more power to you and you beating the system!